Suit claims son voted out of kindergarten
FORT LAUDERDALE (AP) – A woman who claims her 5-year-old was kicked out of his kindergarten class after the teacher held a “‘Survivor’-style vote” among fellow students about his disruptive behavior on Thursday sued the teacher, school officials and others.
Melissa Barton said that on May 21, 2008, her son Alex was “forced to stand in front of his peers and be told why ‘they hated him,’ with such comments as (Alex) is ‘disgusting’ and ‘annoying,’ ‘He eats crayons,’ ‘Lies on the floor,’ ‘He eats paper’ and ‘He eats his boogers.'”
The boy didn’t return to the class and finished the year in homeschooling.
The complaint in Florida’s Southern District of federal court targets the St. Lucie County School Board, teacher Wendy Portillo, the principal and vice principal at Morningside Elementary in Port St. Lucie, Superintendent Michael Lannon, the local head of education for special needs and St. Lucie County Classroom Teachers Association and Classified Unit.
Alex Barton was diagnosed with a form of autism called Asperger’s syndrome after the incident, in which classmates voted 14-2 against him. The lawsuit alleges the school caused emotional distress and neglected Alex’s equal protection and Americans with Disabilities Act rights.
“Instead of an education based upon academics, (Alex) was given an education in bigotry and discrimination that will forever have a traumatizing effect on his life and the lives of those who know him,” the lawsuit states.
Melissa Barton says the incident ruined the boy’s self-esteem and made him nervous around strangers. When the case made nationwide news, she appeared on CBS’ The Early Show with the boy.
Vicki Rodriguez, vice president of the local teachers’ union, called Barton’s allegations “absolute untruth.”
“We’re totally baffled by the parent’s assertion that we had anything to do with her child not entering the school,” Rodriguez said. “Her lawsuit is truly regrettable. Our attorneys at the Florida Education Association and this organization plan to vigorously defend this organization and the actions of its officers.
“There was no wrongdoing on the part of anyone who works for this organization,” Rodriguez said. “That’ll be our defense, and we look for this lawsuit to be dropped at some point, because there is no basis for the allegations she is making.”
District spokeswoman Janice Karst said the school hadn’t received a copy of the suit and couldn’t comment.
The school board initially suspended Portillo 1 year and stripped her tenure, but in June reversed itself on the tenure issue after an outpouring of support from parents and fellow teachers.